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LIBRARY OF CONGRESS, 



PRESENTED BY 



UNITED STATES OF AMERICA. 



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COPY OF THE LAWS 



OF 



Haryard College 



1655. 



TOttij an Introduction 



By SAMUEL A. GREEN, M.D. 




CAMBRIDGE: 

PRESS OF JOHN WILSON AND SON. 
1876. 






I'fe. 5 



•r 






A COPY OF THE LAWS 



OF 



HARVARD COLLEGE, 16 5 5. 



The following copy of the laws of Harvard College, in 
1655, appears to have been given to the library in the year 
1799. It has recently been found among the papers of a 
deceased member of the Society, and been returned by 
one of his family. According to the memorandum written 
on the cover, this copy was " presented to the Histor 1 So- 
ciety, 1799, by John Pinchon, of Salem " ; and this is the 
only record in regard to the manuscript. It comprises four- 
teen pages of closely written paper, of duodecimo size, the 
last two pages being in a different handwriting and on 
different paper. The first twelve pages seem to have been 
more used, and are considerably torn and worn about the 
edges. These have been placed in a double paper cover, 
of which one leaf at the back contains the two pages in the 
different hand. At the end is written " Admittatur Jonathan 
Mitchellus in collegia Harvardiml 22. 8. 1683. Jn° Rogers. 
P r ses. Samuel Andrew" [Socius]. From this it would ap- 
pear that it was given to Jonathan Mitchell, a graduate of 
1687, on his admission as a Freshman. It was the custom 
then, as it is now, for each student, on entering college, to 
have a copy of the laws, though now it is given to him in 
print. At that time, he was obliged to procure it himself; 
and, as paper was scarce, it is likely that the body of the 
pamphlet was sometimes handed down from one generation 
of students to another, and constituted a kind of transmitten- 
dum. Under such circumstances, it was natural that there 
should be verbal variations in the laws, as they were some- 
times written by different hands. As the students graduated, 
their copies were frequently put in new covers, and, with 
the addition of the last two pages including the " Admit- 
tatur," &c, taken by the Freshmen. 

The figures in the brackets show where the pages in the 
manuscript begin. 



In the " Old Colony Memorial" (Plymouth, Massachusetts) 
for June 3, 1875, a similar code of college laws is published, 
which was also in force in 1655. It varies considerably in 
language from the one in the possession of the Society, 
though there is no great difference between them in the 
general tenor. 



The lawes of Harvard Colledge agreed upon by the Overseers, President, 
and fellow es. Many of them in former yeares at sever all times, 
and the rest more lately, but all of them, (as they here- 
after follow) received ratified, and concluded upon 
at a meeteing of the overseers, President and 
fellowes of the said Colledge on the 30 
day of the second month. 1655. 

First concerneing admission and manners of students, as also toucheing 
their e expences In the Colledge. 

1. When any Scholler is able to read and understand Tully, Virgill 
or any such ordinary classicall authors, and can readily make, speake, 
or write true latine in prose, and hath skill in makeing verse, and is 
competently grounded in the greek language, so as to be able to con- 
strue and grammatically to resolve ordinary greek, as the greeke testa- 
ment, Isocrates, and the Minor Poets or such like, haveing withall 
meet testimony of his towardness, he shall be capable of his admis- 
sion Into Colledge, and every Scholler shall procure for himselfe a 
true coppy of the lawes, which being signed with the Presidents and 
one of the Fellows hands shall be a testimony of his admission into 
colledge, and also of the time thereof which he shall keepe with him- 
selfe for his better guidance, whilst he shall continue a member of the 
colledge. Every one shall consider the maine of his life 

which is to know God and Jesus Christ [2] [and] answerably to 
lead an honest sober godly life. 

3. Every one shall so exercise himselfe in reading the scriptures 
twice every day, that he shall be ready to give an account of his pro- 
ficiency therein, both in theoreticall observations of Language and 
logick, and in practicall and spirituall truths, as his tutor shall require 
according to theire severall standings respectively, seeing the entrance 
of the word gives light. Psalmes 119, 130. 

4. All Students shall eschew the profanation of gods name, attrib- 
utes, word, or ordinances and times of worship, and in the publick 
assemblies they shall carefully eschew what soever may shew any con- 
tempt or neglect thereof: and be ready to give an account to theire 
tutors, of theire profiteing, and to use such helps of storeing themselves 
with knowledge as theire Tutors shall direct. 

5. They shall honour as theire naturall Parents, so also magistrates, 
elders, The President, Tutors, fellows and all superiors, keepeing due 
silence in theire presence, and not disorderly gainesayeing them, but 



sheweing all those laudable expressions of honour and reverence that 
are in use, as uncovering the head and the like. 

6. All Students shall be slow to speake and eschew and in as much 
as in them lies, shall take care, that others may avoid all sweareing, 
lieing, curseing, needless asseverations, foolish talkeing, scurrility, bab- 
ling, filthy speakeing, chideing, strife, raileing, reproacheing, abusive 
jesting, uncomely noise, uncertaine rumors, divulging secrets, and all 
manner of troublesome and offensive gestures, as being the [fom] 
should shine before others in exemplary life. [3] 

7. No scholler shall goe out of his chamber without coate, gowne, 
cloake, and every one every where shall weare modest and sober habit, 
without strange ruffian like or new fangled fashions, without all lavish 
dress, or excess of apparel what soever : nor shall any weare gold and 
silver or such ornaments, except to whome upon just ground the Pres- 
ident shall permit the same, neither shall it be lawfull for any to weare 
long haire, locks, or foretops, nor to use curling, crispeing, parteing or 
powdering theire haire. 

8. No undergraduate upon any pretence of recreation or any other 
cause whatsoever, (unless allowed by the President or his Tutor) 
shall be absent from his studies or appointed exercises in the Colledge, 
except halfe an houre at breakefast, an houre and halfe at dinner, and 
after evening prayer untill nine of the clock : but while he is in the 
Colledge he shall studiously redeeme his time, both observing the 
houres common to all the Students to meet in the hall, and those that 
are appointed to theire own lectures, where unto he shall diligently 
attend, being inoffensive in word and gesture. 

9. No Student shall goe into any Taverne, vittaileing house, or Inne 
to eate or drink, unless he be called by his parents, Guardians, or with- 
out some sufficient reason such as the President or his Tutor may 
approve of: neither shall any one entertaine any stranger to logde or 
abide in the Colledge, unless by the leave of the President or his Tutor, 
or in case of theire absence of one of the fellows : neither shall he 
without sufficient reason such as the President or his Tutor shall 
approve, either take Tobacco or bring or permit to be brought into his 
chamber strong beare, wine, or strong water or any other enebriateing 
drink, to the end that all excess and abuse thereof may be prevented. 

10. No Student shall under any pretence whatever use the company 
or familiar acquaintance of persons of ungirt and dissolute life, [4] inter- 
meddle with other mens buisiness, nor Intrude himselfe into chambers, 
neither may any undergraduate goe out of the town, nor be present at 
any Courts, Elections, Faires, Traineings, or any such like assemblies, 
except upon leave obtained of the President or his Tutor, or two of 
his fellows in theire absence. 

11. No Student shall board or lie out of the Colledge, without just 
cause allowed by the President, nor shall any stay out of the Colledge 
after nine of the clock at night, nor watch after eleven, nor have a 
light before four in the morning, except upon extraordinary occasions. 

12. Every undergraduate shall be called onely by his sur name 
unless he be the son of a nobleman, or a knights eldest son, or a fellow 
commoner. 



6 

13. Every fellow commoner shall bring a peice of Silver plate to 
the Colledge to the value (at the least) of three pounds with his name 
engraven thereupon, which he may have the use of while he shall 
abide in the Colledge, and shall leave it to the propriety of the Col- 
ledge when he departs from it. 

14. Every Student that is an undergraduate shall be bound to con- 
tinue in the Colledge, excepting upon weighty occasions made known 
to the President and his Tutor and with theire consent and notwith- 
standing his discontinuance shall pay halfe the Tuition. 

15. Every discontinuer shall beare a share in Colledge detriments ; 
viz. 

16. He shall pay after five shillings a quarter for the removall of 
those many distractions and great burdens of labour, care and cost that 
heretofore have pressed the steward, and the great debts that hitherto 
sundry have run into, and unsutable pay, whereby the house hath been 
disappointed of sutable provision, occasioning inoffensive complaints. 
It is therefore provided. 

1. That before the admission of any Scholler, his Parents or freinds 
shall both lay down one quarters expences, and also give the colledge 
Steward security for the future, [5] and without this Ingagement no 
Scholler shall be admitted into the Colledge. 

2. That all such payments shall be discharged to the Steward of the 
Colledge either in the currant coine of the country, or wheat or malt, 
or in such provision as shall satisfie the steward for the time being, 
and supply the necessitie of the Colledge. 

3. That who soever is Indebted to the Colledge at the end of any 
Quarter (besides his being liable to the course of the law for the 
recovering the debt) he shall have his stewards bill given in, and in 
case the bill be not paid within a moneth he not being suffered to run 
any farther into debt by expences, untill his whole debt be discharged. 

4. The Students that now have studies in the Colledge shall pay 
for them the accustomed rent, but all that are hereafter admitted shall 
pay rent to the Colledge quarterly for theire chambers, and studies as 
they shall be valued by the President and fellows, likewise where as 
certaine summs of money have been set upon the students heads for 
the building of the gallery in the meeting house (for which the Col- 
ledge is Indebted) It is provided that each student that shall be 
admitted hereafter shall pay 3 shillings four pence for the use of the 
said gallery at theire admission which they shall be charged withall 
without any repaiment. 

8. [mc] It is also ordered that for the charges of his commencement 
each commoner shall pay three pounds. 

2ly : Lawes about holy duties Scholasticall exercises and helps of 

learneing. 

1. Seeing God is the giver of all wisedome, all and every Scholler 
besides private prayers (where in every one is bound to ask wisedome) 
shall be present morneing and evening at [6] publick prayers at the 



accustomed houres ; viz : ordinarily at six of the clock in the morneing, 
from the tenth of March at Sun riseing and at five of the clock at night 
all the yeare long. 

2. It is appointed that part of the holy Scripture be read at morne- 
ing and evening prayer, to wit, some part of the old testament at 
morneing and some part of the new at evening prayer on this manner : 
Thatt all Students shall read the old Testament in some portion of it 
out of Hebrew into greek, and all shall turne the new Testament out 
of English into greeke, after which one of the Bachelors or Sophisters 
shall in his course Logically analyse that which is read, by which meanes 
both theire skill in logick, and the Scriptures originall language may be 
Increased. 

3. All undergraduates shall publickly repeat sermons in the Hall in 
theire courses, as also Bachelors untill they have commonplaced that 
so with reverence and love they may retaine god and his truths in 
theire minds. Also the Students shall be commonly examined in the 
last day of the week at evening prayer, and give an account of theire 
profitting by the sermons the week past. 

4. A scholler shall not use the English tongue in the Colledge with 
others schollers, unless he be called thereunto in publick exercise of 
oratory or the like. 

5. In the first yeare after admission for foure dayes of the week all 
Students shall be exercised in the Studies of the greek and Hebrew 
tongues, onely beginning logick in the morneing towards the latter end 
of the yeare : unless the Tutor shall see cause by reason of theire 
ripeness in the languages to read logick sooner. Also they shall spend 
the second yeare in Logick with the exercise of the former Languages 
and the third yeare in the principles of Ethicks, and the fourth in 
[7] metaphisicks and mathematics, still carrying on theire former 
studies of the week for Rethorick, oratory and Divinity. 

6. It is appointed that in the teacheing of all arts such authors be 
read as doe best agree with the Scripture truths, wherein the speciall 
care of the President and fellows shall be used and theire direction 
therein attended. 

7. All Students in the Colledge shall observe theire course in dispu- 
tation : Bachelors once a fortnight, and the undergraduates such as 
have read logick, twice a week, excepting two moneths for the com- 
mencers before and a fortnight after the commencement for all the 
Students. Likewise all undergraduates shall declaime once in two 
moneths the number of declaimers being so divided that in the space 
of two moneths all may constantly declaime, excepting onely the times 
afore mentioned. 

8. There shall be a Common place handled in Divinity once a fort- 
night, the President beginning and the Masters of Art and senior 
Bachelors following according to theire seniority : wherein the Presi- 
dent and fellows take care that heretick opinions and doctrines may be 
avoided and refuted, and such as are according to the analogie of faith 
be held forth and confirmed. 

9. To the Intent that the progress of learning amongst the Schollers 



8 

of the Colledge be yearly made known unto and Incouraged by meet 
Judges : All Questionests shall sit in the Colledge Hall on the second 
and third days of the third weeks next followeing the summer Solstice 
from nine of the clock till eleven in the foornoon and from one till 
three in the afternoon to be examined by any according to the law 
hereafter provided for such as are to commence Bachelors : also in case 
of eminent defect or notorious Insufficiency in any student by experi- 
ence found or known by the President and fellows they signifying this 
to six [8] or seven of the overseers with theire consent the deserveing 
may be preferred according to theire merit, and the Insufficient placed 
with such as better further theire progress in learning. 

10. Every Scholler that upon proofe is able to read extempore the 
pentateuch of [or ?] the new testament into latine out of the originall 
tongues, and be skilled in logick, and competently principled in naturall 
and morall philosophic and the mathematicks, and also of honest life 
and conversation, and at any publick act hath the publick approbation 
of the overseers, and president of the Colledge, he may be Invested 
with the first degree : but ordinarily besides such approbation none 
shall expect it, untill they have been four whole yeares in the Col- 
ledge, or three yeares and 10 moneths at the least, being blameless and 
attending upon and performeing in theire courses all publick exercises 
or otherwise If they be discontinuers approved as before, and in mat- 
ters of learning and manners qualified as continuers. 

11. What Bachelors soever shall present unto the .President a 
written Synopsis or Compendium of logick, naturall philosophy morall 
philosophic, Arethmatick, Geometry, or Astronomy within a week of 
the summer Solstice in his third yeare after his first degree, which 
Synopsis shall be kept in the Colledge Library and shall be read to 
defend his propositions, and be skilfull in the originall tongues as afore 
said, haveing stayed three yeers after his first degree, and therein 
thrice problemed, twice declaimed, and once made a commonplace, or 
else some answerable exercises to the studies that he is most conversant 
in, and remaineing of a blameless conversation, and the President of 
the Colledge, shall be capable of his second degree, viz ; to be master 
of Arts. [9] 

Thirdly concerneing penall lawes, 

1. There shall be appointed a generall Monitor that shall observe 
them that are faileing, either by absence from prayers or sermons, or 
come tardy to the same, which shall bring weekly a catalogue of the 
names of delinquents to the President which Monitor shall be allowed 
a stipend of three pounds per annum for this paines of his, which shall 
quarterly by equall division be set upon the heads of all the under- 
graduates whose names are in the Buttery. 

2. Each Student that shall absent himselfe from prayers (there 
being no Just reason given to and allowed by the President for such 
absence) shall for the first offence, being absent more then once or 
comeing tardy more then twice in a week space be punished a penny a 
time for once absent or twice tardy. 



3. If he offend again in the like kind within a fortnight, he shall be 
nonplusht so many daies as he hath been absent from the duties of 
Gods worship and comeing twice tardy to prayers, and being once 
absent from sermons, It shall be accounted of as twice absent from 
prayers. 

4. If this shall not work reformation in him or them, but within a 
fortnight he shall so offend againe, It is appointed that for the next 
offence any such delinquent or delinquents shall be publickly admonished 
before the Students of the Colledge, and the admonition with the time 
thereof noted by the Butler. If this shall not work reformation in him 
or them, but that within another fortnight he or they shall offend again 
in the like manner It is appointed that every such delinquent shall 
make publick confession of his offence a written forme prescribed by 
the President which shall also be recorded by the Butler. 

5. If any shall refuse to make such conf [ession] [fora] confession 
of his offence sha [ 1 0] [torn] profanely negligent within a moneths 
time, [the]n he shall be suspended from his seniority, and the priviledge 
thereof at meales and for a weeks time or more according to the nature 
of his offence. 

6. If he shall continue in manifest obstinacy and contempt of au- 
thoritie, and of meanes of reformation, then It is appointed that by the 
notes of all or the major part ; viz : of the President and fellowes 
such an one shall be expelled out of Colledge, which condition, shall be 
attended still in all the after lawes concerning expulsion. 

7. Each undergraduate that shall neglect to read sermons in his 
course shall be nonplusht two dayes and lose his commons one meale 
for such neglect, and the dutie shall still lie upon him, and his con- 
tinued neglect thereof shall be punished according to the gradation of 
penalties in the former lawes. 

8. Also in case any student shall be negligent to repaire to lectures 
in the Colledge with the rest of his classis: It is appointed such negli- 
gent persons, be carefully observed by theire tutors, who shall send for 
any such students and admonish them before the rest of his classis. 

9. For the second offence his Tutor shall complaine to the President 
who shall publickly admonish him. & after such admonition and no 
reformation there upon, the President shall appoint him a publicke 
confession (as before) of his offence. 

After this If it manifestly appeare, he reforme not thereby the 
Pluralitie of the notes of the President and fellowes (due patience 
being used) he shall be expelled out of the Colledge. 

Every student that shall neglect the performing of any Scholasticall 
exercise in his course, shall [for] the first offence by the President or 
his Tutor [be] appointed to make Double exercise, or some scholas- 
ticall exercise, [besi]des the performance of that which was omitted. 
[If he sh]all still refuse the exercise, then he shall [be suspende]d 
from his seniority as above ; and If he were the lowest of his classis before 
for his [11] learnings sake he shall performe exercises with the rest of 
his classis, but be put below some of the n[ext] classis in sitting. 

3. If he continue negligent, then such neglect shall be punished with 
the loss of seniority in his classis such as he had before. 



10 

4. If the former course prevaile not to work more paines and dili- 
gence in the party, It is further appointed that such wilfull neglect 
shall be punished with degradation from his classis, and the loss of a 
yeares time. 

5. If thereupon no reformation should follow, then after a moneths 
patience by the pluralitie of notes of the President and fellows such a 
shamelese non perficient shall be expelled out of the Colledge. 

6. If any undergraduate shall depart out of the Hall at dinner or 
supper before thanks be given without just cause, or the leave of the 
senior fellow that shall be present in the Hall, he shall lose his com- 
mons so many meales, as he shall so offend : also they that needlesly 
frequent the Kitchen shall be non plusht by the President. 

7. If any Scholler shall abide out of the Colledge or be absent from 
his studies beyond the times before allowed, either spending his time in 
any house or place of the town, or goeing out of the town without the 
leave of the President or his Tutor, or haveing leave of the President 
or his Tutor, shall without cause stay longer then his appointed time ; 
he shall for such offences be nonplusht by the President and his Tutor, 
and tasked to make some scholasticall exercise by the appointment of 
the President. 

8. No undergraduate shall buy, sell, barter, or exchange books, 
apparrell or any thing of considerable value ; but by the leave of the 
President or his Tutor, Guardian or Parent, or If he shall sell or 
pawne any thing to any scholler, the President shall make the bargaine 
and admoni[sh] [12] [the] student noe students shall be suffered to 
have [a g]un in his or theire chambers or studies, or keepeing for theire 
use any where else in the town, or If they be found to have such by the 
President or Theire Tutors, then they shall be admonished by the 
President or theire Tutors to put it away : which If they shall refuse 
to doe, the President shall have power to take it quite away from 
them, and If they resist the President herein, they shall upon due 
proofe be expelled out of the Colledge by the advise of the Colledge 
overseers : the same penalty is appointed to any student that shall 
make resistance against or offer violence unto the President or fellows. 

10. If any Student shall weare long haire, or other wise offensive 
contrary to the former seventh law the President shall have power to 
reforme it, or as need shall require to make his address to any three or 
more of the overseers, who shall take order concerning it. 

11. It is appointed that every Student that shall by good evidence 
be convicted of any hainous and flagitious crime, As Robbery, Bur- 
glary, Speakeing blasphemous words, notorious profanations of the 
lords day, ordinances or word, uncleanness or such like, shall be ex- 
pelled Ipso facto, and in case that any be convicted of drunkeness, 
fighteing, raileing, sweareing, curseing, filthy speakeing, profaness, 
reveling, playeing at cards and dice, or such like, for the first offence 
If it be private, he shall be privately admonished by the President or 
his Tutor; and for the second offence If it be publick he shall be pub- 
lickly admonished by the President ; and for the third shall make pub- 
lick [concession of his offence at some publick [meeting ?] of the 



11 

Students, and for the fourth [offence shall be n]oted down for a prophane 
person. [13] having his commons sitting in the Hall uncovered, & 
if upon this he reform not & make not some expression of sorrow 
& repentance after a months trial 1 & patience he shall be expelled out 
of the Colledge. 

1 2. It is provided that in such gross offences', as attaines to the lawes 
aforesaid are punishable with expulsion, It shall be in the liberty of 
the president & fellowes to inflict corporall punishment by the rod (as 
a degree anteceeding expulsion according to the condition of the 
offender, & nature of the offence. 

13. Concerning the penalties abovesaid It is provided that if any of 
the prescribed degrees of punishmet do work reformation, then whatso- 
ever degrees of punishment have been passed before, shall be made 
void in order to any further censure. 

14. It is required of every Colledg officer or Servant that he be 
faithfull in discharging the place, & trust committed to him, so as may 
tend to the welfare of the Colledge & of all the members thereof, & in 
case of unfaithfullness, negligence, or any other miscarriage in his place, 
he shall be accountable to, & punishable by the President & fellowes 
to the quality of y e offece. 

All These Lawes upon publishing openly in the Colledg Hall shall 
be of force immediately. 

At a meeting of the overseers y e 30 day of y e 3 d month For as 
much as the overseers have been certified that there hath been uncom- 
fortable defects in the diet of the studeuts as also in their lodging : 
It is ordered that the Corporation speedily inquire into the causes 
[14] thereof, & take order w th the Steward & Treasurer or any other 
Colledg Officer, whom may concern for the just redress of the same, 
& the Overseers do promise their best assistance for the effecting of it, 
w ch may be needfull. 

Another penall Law is exacted by the generall Court held at Bos- 
ton ; y e 17 of y e 8 month 1656 & published in the audience of the 
Students in y e Colledge. 

It is hereby ordered that the President & fellowes of Harvard 
Colledge, for the time being, or that the major part of them are im- 
powred to punish all misdemeenours of the youth in their Society 
either by fine or whipping openly in the Hall as the nature of the 
offence requires not exceeding 10 shillings or 8 stripes for one offece 
& this law to continue in force untill the Court or Overseers of the 
Colledge provide some other orders for 

Such offences. 

Admittatur Jonathan 
Mitchellus in collegiu Harvardinu 
22. 8. 1683. Jn° Rogers. P r ses. 

Samuel Andrew. 



A 



COPY OF THE LAWS 



OF 



Harvard College, 



1655. 



TOttf) an Entrfltmcttott 
By SAMUEL A. GREEN, M.D. 



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